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Document 22017D2047
Decision of the EEA Joint Committee No 97/2016 of 29 April 2016 amending Annex XVI (Procurement) to the EEA Agreement [2017/2047]
Decision of the EEA Joint Committee No 97/2016 of 29 April 2016 amending Annex XVI (Procurement) to the EEA Agreement [2017/2047]
Decision of the EEA Joint Committee No 97/2016 of 29 April 2016 amending Annex XVI (Procurement) to the EEA Agreement [2017/2047]
OJ L 300, 16.11.2017, p. 49–56
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
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16.11.2017 |
EN |
Official Journal of the European Union |
L 300/49 |
DECISION OF THE EEA JOINT COMMITTEE
No 97/2016
of 29 April 2016
amending Annex XVI (Procurement) to the EEA Agreement [2017/2047]
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,
Whereas:
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(1) |
Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (1), as corrected by OJ L 114, 5.5.2015, p. 24, is to be incorporated into the EEA Agreement. |
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(2) |
Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (2) is to be incorporated into the EEA Agreement. |
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(3) |
Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (3) is to be incorporated into the EEA Agreement. |
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(4) |
Directive 2014/24/EU repeals Directive 2004/18/EC of the European Parliament and of the Council (4), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement. |
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(5) |
Directive 2014/25/EU repeals Directive 2004/17/EC of the European Parliament and of the Council (5), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement. |
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(6) |
Annex XVI to the EEA Agreement should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Annex XVI to the Agreement, including Appendices 1 to 14 to that Annex, shall be amended as specified in the Annex to this Decision.
Article 2
The texts of Directives 2014/23/EU, as corrected by OJ L 114, 5.5.2015, p. 24, 2014/24/EU and 2014/25/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 30 April 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels, 29 April 2016.
For the EEA Joint Committee
The President
Claude MAERTEN
(2) OJ L 94, 28.3.2014, p. 65.
(3) OJ L 94, 28.3.2014, p. 243.
(4) OJ L 134, 30.4.2004, p. 114.
(5) OJ L 134, 30.4.2004, p. 1.
(*1) Constitutional requirements indicated.
ANNEX
Annex XVI (Procurement) to the EEA Agreement, including Appendices 1 to 14 to that Annex, shall be amended as specified in the following Articles.
Article 1
The words ‘2004/17/EC and 2004/18/EC’ of paragraph 1 of the Sectoral Adaptations shall be replaced by the words ‘2014/23/EU, 2014/24/EU and 2014/25/EU’.
Article 2
Point 2 (Directive 2004/18/EC of the European Parliament and of the Council) shall be replaced by the following:
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‘2. |
32014 L 0024: Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
The provisions of the Directive, shall for the purposes of this Agreement, be read with the following adaptations:
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Article 3
Point 4 (Directive 2004/17/EC of the European Parliament and of the Council) shall be replaced by the following:
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‘4. |
32014 L 0025: Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
The provisions of the Directive, shall for the purposes of this Agreement, be read with the following adaptations:
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Article 4
The following indent is added in points 5 (Council Directive 89/665/EEC) and 5a (Council Directive 92/13/EEC):
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‘— |
32014 L 0023: Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 (OJ L 94, 28.3.2014, p. 1), as corrected by OJ L 114, 5.5.2015, p. 24.’ |
Article 5
The following point is inserted after point 6e (Directive 2014/55/EU of the European Parliament and of the Council):
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‘6f. |
32014 L 0023: Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1), as corrected by OJ L 114, 5.5.2015, p. 24.
The provisions of the Directive, shall for the purposes of this Agreement, be read with the following adaptations:
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Article 6
Appendices 1 to 14 shall be replaced by the following:
‘APPENDIX 1
LISTS OF CENTRAL GOVERNMENT AUTHORITIES REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 2(1) OF DIRECTIVE 2014/24/EU
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I. |
In ICELAND:
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II. |
In LIECHTENSTEIN:
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III. |
In NORWAY:
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Agencies and Institutions subordinate to these Ministries.
‘APPENDIX 2
LISTS OF PRODUCTS REFERRED TO IN ARTICLE 4(b) OF DIRECTIVE 2014/24/EU WITH REGARD TO CONTRACTS AWARDED BY CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE
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ICELAND |
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LIECHTENSTEIN |
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NORWAY: The only text applicable for the purposes of this Agreement is that in Annex 4 point 2 of the GPA on which the following indicative list of products is based:
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‘APPENDIX 3
REGISTERS REFERRED TO IN ARTICLE 58(2) OF DIRECTIVE 2014/24/EU
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in Iceland, the “Ríkisskattstjóri” |
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— |
in Liechtenstein, the “Gewerberegister” and the “Handelsregister” |
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— |
in Norway, the “Foretaksregisteret” |